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and the attempts to lead their attention The LORD ADVOCATE observed to away from the evidence.
Although that this step must be taken without he had frankly given his opinion, they any pledge, or even any confident exwere in no degree bound to follow it, pectation of pardon. in case their own judgment led to a Mr Jeffrey acquiesced. different conclusion.
The prisoners then severally with. The Jury withdrew at five minutes drew their plea of Not Guilty, and Wit before one o'clock, and returned into pleaded Guilty. of 2.0
Court in twenty minutes, finding the LORD PRESIDENT HOPE.-My Lords, prisoner Guilty on the second and before any further procedure is held fourth Counts of the Indictment, and in this matter, I am sure your LordNot Guilty upon the first and third ships will all agree with me in saying, Counts.
that although Mr Jeffrey thought
himself entitled in point of law to obOn the 14th July John Baird was ject to the appearance of Mr Serjeant brought to trial ; but as the proceed- Hullock, or any English counsel, in ings did not and could not differ from this cause against him, yet, in point those in the trial of Hardie, unless in of fact, there never did exist, or could unimportant particulars, we have pre-exist, Jess necessity for any counsel ferred giving a full report of the one, fearing to meet another counsel of
rather than a more meagre report of any bar whatever ; and I am sure, if rakor both. He was found Guilty on the all the bar of England had attended oplatet a second count of the indictment. here on behalf of the unhappy men
now convicted, it is impossible they the cakes
could have been better or more ably Stirling, 5th July, 1820. defended. Every point was hit that
it was possible to hit for them, and James Clelland,
pleaded in the ablest manner; and it Thomas M'Culloc ,
must be satisfactory to the country, Lrtired Benjamin Moir,
that the result of these trials has been Allan Murchie,
to raise the character of the Scotch Alexander Latimer,
bár, and to shew they are fully comAlexander Johnstone,
petent to the conduct of any case Andrew White,
whatever. With regard to the last David Thomson,
proceeding, he has acted with as much James Wright,
judgment as he did with ability in the William Clarkson,
defence of his other clients.
Stirling, 31st July, 1820.
Andrew Burt the younger,
James Aitkin, grocer,
Andrew Dawson, and
were then put to the bar, and several.
two latter had absconded, and were telligence, they gave up their march, deat, 224 EDINBURGH ANNUAL REGISTER, 1820. ly pleaded Not Guilty. Their trial er was the channel through which the arisene was fixed for the 4th August. communication was carried on between the fire
the seditious at Strathaven, and the heired Stirling, 4th August, 1820. provisional government established at doner,
Glasgow for treasonable purposes : ay de John M‘Millan and Andrew Daw- and that he was the person to whom would son were put to the bar. Mr John their messages were delivered. Through and d Peter Grant then rose, and stated his means chiefly, there was reason to that th that, at his advice, given upon a care suppose, that a treasonable handbill finalik ful consideration of all the circumstan (the same exhibited in the trial of holdina ces of the case, the two prisoners were Hardie) was posted in Strathaven. desirous of pleading Guilty. This The recommendation contained in it feltor being admitted, the Lord Advocate to all labourers to desist from work the co rose and said, that these two being was followed at least to a great ex. the most criminal, he was ready to ac. The proclamation was farther inted quiesce in a verdict of acquittal upon acted upon by the ringleaders assem, ume et the rest.
bling one evening at the house of of the la The Lord President then pronoun. Wilson, whence they issued in parties
, kad bez ced sentence of Death upon all the and violently robbed different houses to at prisoners who had been found Guilty. of arms, which they brought to his erste It was enforced, however, only against house. Early on the following mora. repro two, Andrew Hardie, and John Baird, ing, a party, of from ten to fourteen, Holloc whose execution took place on the came out from the house, variously the Cor 8th September, 1820.
armed, and accompanied by Wilson
Mr himself, wearing a sword. from dif
ferent notices it would appear, that he had WILLIAM WILSON, STRATHAVEN, they were going to join their brethren be bad For High TREASON.
at Glasgow, and accordingly they of the
marched along the road to that city 110; bu Glasgow, 26th June, 1820. as far as Kilbride. Here they met a baada
gentleman and a lady in a gig, from siderati The Grand Jury being impanelled, whom they learned that all was quiet direct true bills were found against William at Glasgow, and that there was not the Wilson, William M.Intyre, William smallest prospect of succeeding in their lations Robertson, and William Watson. The undertaking: Upon receiving this in- Murray not in custody.
and slunk back to Strathaven as quiet the sac
ly as they could. The Lord Advocate 8th July, 1820.
contended, that those facts establish. Hinsels ed beyond a doubt that they had
, khad una William Wilson was put to the bar, with a treasonable intent, come for the Jun and the indictment being read, the ward in arms against the King, and Lord Advocate rose and stated the with a view to overthrow the establishnature of the charge. He observed that ed system of
government. the house of the prisoner was the place The facts were proved by very where the disaffected met and arran- luminous evidence, for an abstract of ged their plans. The meeting there which our limits oblige us to refer took in the Black Dwarf, the Spirit to the speeches of Mr Murray and Mr of the Union, and other papers exci- Hullock. ting to disaffection. There would ap The prosecutor was then about to pear reason to believe that the prison. put in evidence the declarations of the
parts conside had abe At the LOTTO
life of tieth, !
Mr Monteith objected to the length of that drawn up against first, because Mr Aiton, who re this poor individual. ved it, though he had told the pri The prisoner at the bar was accuer, that he was not obliged to make sed of an attempt to subvert the Cony declaration, lad yet added, that it stitution; where was there any thing uld be better, in his opinion to be pointing at such an attempt ? Where did and to tell the whole truth; was there any thing stated on his part at this was what he himself would do like a dislike to the Constitution of a like case. This, Mr M. urged, was his country, any thing short of the lding out an expectation, or half most implicit admiration and attachomise, of some favour to be extend. ment to it? He was accused, because to him, in consequence of making persons met at his house in January to
confession. The objection was read certain newspapers, the Black stained. Mr Monteith then ob- Dwarf, or the Black Book, as some ited to a second declaration to the called it, the Manchester Observer, me effect, because, though nothing and the Spirit of the Union. What did
the kind had been then said, nothing the Jury know of these newspapers ? d been said to do away the impres- what evidence was there that they conon which had been produced by the tained any thing at all wrong? He st. Although this objection was knew nothing of them; they might be renuously combated by Serjeant the best or the worst in the world. ullock, it was finally sustained by Supposing they were bad, they had .e Court.
been given up on the 10th of January. Mr Murray, for the panel, then He surely thought that this was was(pressed the reluctance with which ting the time of the Jury. e had undertaken this cause, which The next charge was for publishing e had neither leisure nor experience and posting up a treasonable Address. f the subject, sufficient to do justice He agreed implicitly in the description > ; but he had considered himself given of it ; it was an improper, treaound to sacrifice every personal con- sonable, and detestable Address. But deration, and even his professional where was the evidence that his client haracter, rather than incur the great. had any share in its composition and r stain of refusing the repeated appli- posting up! When, after an investiations of a person in distress. Mr gation of several months, this trial Turray considered it a hardship to his was so pompously announced, he nelient, that English law did not require ver doubted that we were now to deal he same precision in indictment as is with the persons who had made the equired by Scots law. He justified Address, and with some members of limself against the insinuation that he the provisional government who dicad unnecessarily taken up the time of tated it. As to his client, there was he Jury by causing all the material not the shadow of proof, or attempt parts of the indictment to be read; he to prove, that he ever even saw it. considered himself bound to do so, and There was nothing more than evidence nad abridged it as much as possible. of its being seen and posted up in At the same time, he arraigned the Strathaven. Among numerous wit. enormous length of the indictment, to nesses, some had, and some had not which he did not believe there had seen it, so that it probably remained ever been a parallel. That against a up a very short time; and yet, because man who had conspired against the the prisoner might by chance have life of King William, was not a îwen
seen This Address, they were called uptieth, he believed not a fiftieth part of on to believe that his conduct was uita
VOL. XIII, PART II.
9 25 not
mark on cular wi been bro - kaocki kreace,
der its dictation. He would never gainst those Judges who impaired the
without cease to call it a most criminal and
statute by introducing constructive treasonable Address; but because that treasons. He called these “ damnable
Against Address was framed in one town, and damned opinions." These were and posted up in another, was a man strong words, especially from a man of in that other, who is never proved to his station and gravity; but they were have even seen it, to be considered as not too strong, because he who pere direct the author ?
verted this greatlaw,committed acrime There was a charge of purchasing compared to which any common trez
attempt and providing arms, in order to attack son or murder might be considered as
ground the soldiers of the King, and to make small. To constitute treason, then, war against the King." The utmost there must be an intention to kill or
deafortun that was proved under this head was, levy war against the King, and there that some persons had assembled one must be an overt act proving that night at the prisoner's house, when he intention. No doubt must be left on
proof be was absent, and committed certain the minds of any of the Jury, that the
nothing outrages; and that on another day, prisoner had that state of malignant M X ten, twelve, or at most fourteen men, mind, throwing off his allegiance
, and had marched in a certain way upon the either levying war or compassing the road, while the prisoner, subject to King's death. This state of mind their power, certainly went unwilling- must be known by an overt act, ly along with them. This was the guarded from construction, and conjec. war against the King—this was the ture, and suspicion. The bare fact
were kn parading with arms.
must come in such a manner, as irre. charges in the indictment for drilling, sistibly to lead the minds of person held as and for attempting to seduce the sol. of his condition, a fair and honest Jury, diers of the King ; but not a shadow to this conclusion. If they were not of proof to substantiate these charges. satisfied, they were guilty of a crime Mr M. complained of the hardship more heinous and atrocious than be under which he had laboured, in not would mention, if they should find having seen the precise charges, noreven him guilty. After the most anxious the declaration of the prisoner, as he search, he could never find a trial would have done by the law of Scot- for Treason at all like this. Was there land; perhaps he had injured his client a conspiracy against the life of the by procuring the rejection of that de- Sovereign? was there an attempt claration, but he had been obliged to seize his garrisons ? was there an at. proceed upon such conjecture as cir- tack made with a great armed array? cumstances allowed.
The utmost of the statement is, not Mr M. now entered at some length that he put up the placard, not chat into an illustration of the law of trea- he knew the people who put it up, son. This, which had before been not that he is proved to have read vague, was limited by the statute of it, but that he and some others, in a Edward III. to compassing the death small village in this county, seem to of the King, Queen, or heir, and to have gone so many miles on the road, levying war against the King; “but and then they turned back. He could he must be probably attainted by open hardly believe he was addressing them deed by people of his condition.” upon a charge of seducing soldiers
, Lord Coke had justly called the Par. levying war, and forming this traitora liament which passed this Act “ a ous hand-bill and provisional governo blessed Parliament,” and he had ex. There was merely evidence pressed the strongest indignation a that persons met at his house, but
got a ne
enviouz tablece it behe pulou.
mined 0N, SE 01. CTC downe
from the it
hout any violence committed while One witness had been seized the night
was present. Could the Jury, before and closely guarded. In the day rinst their souls, their oaths, and time, an attempt to escape would be sciences, put it to their breasts that much more difficult, especially in a saw this proclamation, when there person of a certain age.
There was s not a tittle of evidence bringing no ground of law or common sense, on directly against him? Never was which it could be said that this reasonor law more strained, than in an straint might not continue during empt to obtain their verdict on a the whole of the eight miles that he ound which would make the life of accompanied them. It could not ery person as unsafe as in the most be expected that the proof of com. fortunate times. There may have pulsiou should be made out on every en a great treason-there may have step on the road. He accompanies en a provisional government; if so, let these persons, not a band of rebels 'oof be adduced; but here there was carrying on war—not going on with thing of the kind.
any disorderly and improper attenpts, Mr Murray now proceeded to re or doing any crime in his presence. Yet ark on the testimony of some parti- he went, even on the evidence of the ilar witnesses. James Thomson had Crown, dejected and unwilling. He een brought to prove, that he heard had not attended a meeting held on knocking and a hammering. The in- the Monday, not far from his residence. rence, MrM.supposed, was, that they Mr M. endeavoured to prove that rere knocking and hammering arms. every meeting, at which he was present, In the trial of a mouse would this be had been conducted in a much more eld as evidence? We are going to orderly manner than when he was abut the worst possible interpretation sent. There was the evidence of a Mrs in every thing, and because they had Hamilton to a speech made the evening got a noise, to believe they had got a before, expressing approbation of trearaitorous conspiracy. Was this evi- sonable designs, and intention to aclence to affect a man's life? He was company the party ; but this witness safe from a thousand such points ; it had a brother who had led the counwas only important as shewing that try, and who, she might hope, would there was nothing so trifling, but some be left unmolested, after the law had envious neighbours would put unchari- been satisfied with other victims. It table constructions upon. After this, appears that during the whole of the it behoved the Jury to examine scru- march, Wilson had advised returning, pulously all the attempts made to bias and on the first opportunity that of them. The same witness, when exa. fered, away he goes. To a person at mined to prove the prisoner's coming Kilbride, he expressed a wish that it out, said that he held his sword down; should be said he was there on busion cross-examination, that he seemed ness; this Mr M. imputed to a desire downcast. There was certainly evi. to screen his companions, who were dence that he came out that day, and relations or intimate associates. proceeded with these people along the Several witnesses were now produroad for a certain distance. He goes ced on the part of the plaintiff. from Strathaven a certain way upon On the following day Mr Murray the road. Mr M. trusted he should be resumed. In consequence of the evaable to prove the compulsion under sion of the other persons engaged, he which he acted. Could it be doubted was deprived of his natural witnesses, hat compulsion might be employed ? and obliged to have recourse to by